Project Title

Capacity Building Workshop on Negotiations of Services Chapters under FTAs with a Negative List Approach 

Project Year

2015   

Project Number

CTI 03 2015A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Completed Project   
View Budget TableView Budget Table
|
PrintPrint

Project No.

CTI 03 2015A 

Project Title

Capacity Building Workshop on Negotiations of Services Chapters under FTAs with a Negative List Approach 

Project Status

Completed Project 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: General Fund 

Project Year

2015 

Project Session

Session 1 

APEC Funding

88,215 

Co-funding Amount

Total Project Value

88,215 

Sponsoring Forum

Group on Services (GOS) 

Topics

Services Trade 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Peru 

Co-Sponsoring Economies

Canada; Chile; Mexico; Philippines; United States 

Expected Start Date

01/07/2015 

Expected Completion Date

30/11/2016 

Project Proponent Name 1

Karina Tejada 

Job Title 1

Services Negotiator - Peru's representative in the GOS 

Organization 1

Ministry of Trade and Tourism 

Postal Address 1

Uno Oeste N° 050. Street Urb. Córpac, San Isidro, Lima 

Telephone 1

51-1 5136100 

Fax 1

Not Applicable 

Email 1

ktejada@mincetur.gob.pe 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Karina Tejada 

Project Summary

Negotiating services chapters in FTAs using a negative list approach can be a challenge; not only because some Economies have never used an approach different to the one established in GATS; but also because a negative approach could imply the negotiation of several highly complex services chapters which are interconnected.

Given the growing importance of services for the global economy and supply chains, and the important number of negative list approach FTAs within the APEC region, this Project proposes a three days’ workshop to analyze the negotiations under such approach, focusing on the key services chapters:

-  Financial Services: relation to the Cross-Border Trade in Services (CBTS) chapter and the Non-Conforming Measures (NCMs); its specific annexes; dispute settlement.

-  Telecommunications: key provisions; differences from the WTO documents; relation to the NCMs.

-  Temporary Entry: key provisions; relation to the CBTS chapter.

-  E-commerce: relation to the CBTS provisions and the NCMs.

Relevance

Relevance - APEC: Given the growing importance of Trade in Services for the global economy and supply chains, and the important number of FTAs within the APEC region that contain services provisions, it is essential for APEC Economies to strengthen the capabilities of their government officials in the negotiation of services issues covered in FTAs.

In this regard, an important issue for some Economies is how to face services negotiation using a negative list approach. This can constitute a challenge not only because it is an approach different to the one used in GATS. Negative-list FTAs often may include additional chapters which deal with sector or issue-specific matters (for example, on financial services).  Inclusion of such chapters may require drafting of additional annexes aimed at dealing with sector-specific reservations.  These chapters and annexes may be highly complex due to highly-specialized nature of the sector or issues.

It is fundamental that services negotiators understand all the provisions of these chapters as it is important that they understand the relationship between/among them. Some of the topics that the workshop might be covering would be:

Financial Services Chapter: key provisions; the structure (how are the modes of supply covered?); the Annexes of Commitments; the Financial Services Non-Conforming Measures (NCM’S); dispute settlement; the relation to the Cross Border Trade in Services (CBTS) Chapter.

-   Telecommunications Chapter: key provisions (does it cover regulatory or market access provisions?); main differences with the GATS Annex and the Reference Paper.

-   Temporary Entry for Business Persons Chapter: key provisions; the relation to the CBTS Chapter (does it cover mode 4?); dispute settlement; main categories of business activities.

-   Ecommerce Chapter: key provisions (new provisions that are linked to the provision of services); relation to the CBTS Chapter and the NCMs.

This project will contribute to increase negotiators’ knowledge and capabilities in relation to services negotiations using a negative list approach. In addition, the project will provide negotiators with new tools to analyze the agreements of their counterparts.

Finally, given that this project will strengthen the capabilities of the services negotiators, it could facilitate the negotiation of an eventual FTAAP.

Relevance - Rank: This project falls under Rank 1 as it promotes regional economic integration via free and open trade and investment. It is related to “Activities outlined in the Beijing Roadmap for APEC’s Contribution to the realization of the FTAAP”, “Trade Facilitation and Liberalization” and “Services Trade and Investment Facilitation and Liberalization”.

Objectives

The main objective of this project is to enhance negotiating capabilities of services negotiators of APEC Economies by:

-  Increasing the knowledge and capabilities of services negotiators to face successfully services negotiations under a negative list approach.

-  Developing practical skills in generating chapter elements, designing chapters, drafting provisions.

-  Enhancing the services negotiators knowledge about the services chapters included under a negative list approach FTA.

-  Enhancing the services negotiators knowledge about the relation among services chapters included under a negative list approach FTA.

-  Enhancing the capability of services negotiators to analyze their counterpart’s agreements.

Alignment

In the AELM Declaration of 2014, Leaders “(…) highly commend the work on the implementation of the Action Plan Framework on Capacity Building Needs Initiatives (CBNI), and endorse the Action Plan Framework of the 2nd CBNI”

Also, Leaders specifically instructed officials to “(…) design targeted and tailor-made capacity building activities to narrow the gap of the capacities of APEC Economies to facilitate the eventual realization of the FTAAP”.

This project is aligned with the “Action Plan Framework for the 2nd Capacity Building Needs Initiative” (CBNI) and it contributes to working towards trade liberalization and facilitation, which is one of the main goals of the GOS.

Finally, this project will, in the long term, facilitate the eventual realization of the FTAAP.

TILF/ASF Justification

The project will support the development of negotiating skills of APEC Economies officials by providing a clear view of the services chapters included under a negative list approach. This will allow Economies not only to be able to negotiate agreements containing such an approach but also allow them to analyze the agreements that other economies have signed in the past.

At the same time, this capacity building will facilitate negotiations within APEC Economies with the objective to achieve the Free Trade Agreement Area of the Asia Pacific (FTAAP) that will allow trade integration, growth and development in the region.

The workshop will also facilitate the negotiations on services in regional and preferential trade agreements, enabling the achievement of a higher openness of services markets and the development of value chains based on trade in services, improving the economic welfare in the region.

Taking into account that several APEC developing Economies have started services negotiations under a negative list approach and that these negotiations include several services chapters, this project will support officials from developing Economies in facing these negotiations.

Officials from developing Economies will not be the only beneficiaries. The developing Economies, themselves, will get benefits from this project because their officials will have more capabilities in order to achieve their Economies interests.

Beneficiaries and Outputs

Outputs: A three days’ workshop to analyze the negotiations under a negative list approach, particularly focusing on key service chapters included in this kind of negotiations such as: financial services, telecommunication, temporary entry and e-commerce.

After the workshop, a report will be submitted to the APEC Secretary with conclusions and recommendations.

Synopsis of the topics that the report is likely to entail:

1.    Introduction to the negative list approach

2.   Remarks on the Financial Services Chapter

3.   Remarks on the Telecommunications Chapter

4.   Remarks on the E-commerce Chapter

5.    Remarks on the Temporary Entry Chapter

6.    Evaluation results

-     Summary results of the participant’s assessment.

7.    General Conclusions and Recommendations


Outcomes:
 
Participants will benefit from this event as it will increase their knowledge in negotiating services provisions in trade agreements under a negative list approach. They will correctly understand key services chapters as Financial Services, Telecommunications Services, Temporary Entry and Ecommerce.

Participants will not only understand the different chapters that are normally included under this approach, but also the structure and key provisions of each Chapter and its relation to the Non-Conforming measures and differences with the GATS.

In addition to that, it is expected that after the workshop, negotiators could be in the position to also analyze in depth the agreement of their counterparts.

Beneficiaries: The participants of the workshop will only be public officials from APEC Economies. Regarding the level of expertise or level of responsibility, all participants invited will be officials involved in services negotiations:  lead services negotiators of FTA’s and officials directly involved in the assessment of services chapters under FTAs.

Participants will mainly be public officials form Trade Ministries (or entity in charge of negotiations), but also might be representatives from ministries or organizations that continuously coordinate with the entity in charge of negotiations. For example, officials from the ministries of telecommunication, economy, transport, among others.

Dissemination

The workshop´s report, presentations and related materials will be made available to members in electronic format for distribution to trade officials within their Economies.

The materials will be sent to the APEC Secretary for distribution through the APEC document database. The summary report will be release on the GOS meeting in SOM 3, and published on the APEC website.

Gender

The preliminary agenda of the workshop will be circulated in advance to receive comments and suggestions from Economies in order to meet their capacity building needs and letting them know the most important experiences negotiating with this new approach.

This capacity building will contribute to enhance the knowledge of both, women and men, services negotiators. APEC Economies will also be encouraged to consider qualified women candidates for participation in the workshop without discrimination with men candidates. It is expected to count on a 40% of female participants at least.

It also will be ensure equal participation by women as speakers. In order to assure the participation of female speakers, the organisers will send invitations to some economies indicating the relevance of having female speakers. In addition to that some female speakers with recognized expertise are being already identified and will be directly invited.

Work Plan

The project will convene trade officials and experts in services negotiations with recognized experience on services negotiations under a negative list approach.

The workshop will be scheduled for three days at the margins of SOM III, 2016, in Lima, Peru.

Once the full project proposal is approved, we will start working with co-sponsoring and interested economies to identify potential speakers within APEC Economies. After the workshop, a summary report including conclusions and recommendations will be sent to the participants and to the APEC Secretariat for its distribution.

An indicative tentative agenda and possible timeline of actions is below.

Tentative Agenda:

Day One

9.00 - 9.10

Opening Session

Welcome Remarks and Opening Statement

9.10 - 10.30

Session 1: Introductory Session

Introduction to the negative list approach: Services and Investment Non-Conforming Measures

10.30 - 10.45

Coffee Break

10.45 - 11.25

Session 1: Introductory Session (continuation)

11.25 - 12.30

Session 2: Analysis of Financial Services Chapter

Key provisions; Structure and the Annexes of Commitments.

12.30 - 14.00

Lunch

14.00 - 15.00

Session 2: Analysis of Financial Services Chapter (continuation)

15.00 - 15.15

Coffee Break

15.15 - 18.00

Session 3: Analysis of Financial Services Chapter

The Financial Services Non-Conforming Measures; Dispute Settlement; the relation to the Cross Border Trade in Services (CBTS) Chapter.

Day Two

9.00 - 10.30

Session 1: Analysis of Telecommunications Chapter

The structure and key provisions of the Chapter; Difference with GATS and the Reference Paper

10.30 - 10.45

Coffee Break

10.45 - 12.30

Session 2: Analysis of Telecommunications Chapter

Relation to the Cross Border Trade in Services (CBTS) Chapter; Relation to the Non-Conforming measures.

12.30 - 14.00

Lunch

14.00 - 15.30

Session 3: Analysis of E-commerce Chapter

The structure and key provisions of the Chapter.

15.30 - 15.45

Coffee Break

15.45 - 18.00

Session 4: Analysis of E-commerce Chapter

Relation to the Cross Border Trade in Services (CBTS) Chapter; Relation to the Non-Conforming measures.

Day Three

9.00 - 10.30

Session 1: Analysis of the Temporary Entry Chapter

The structure and key provisions of the Chapter.

10.30 - 10.45

Coffee Break

10.45 - 12.30

Session 2: Analysis of the Temporary Entry Chapter

Relation to the Cross Border Trade in Services (CBTS) Chapter; Relation to the Non-Conforming measures.

12.30 - 14.00

Lunch

14.00 - 15.30

Session 3: Wrapping work

Evaluation forms should be used to assess what participants have learnt.

15.30 - 15.45

Coffee Break

15.45 - 18.00

Session 4: Closing Remarks

  
Timeline of Actions: 

Timeline of Actions

Activities

Outputs

Timing

Establishment of Organizing Committee and Advisory Committee

Committee established

First week of  March 2016

Workshop organization: venues, tentative agenda and request to Economies suggest keynote speakers

Preliminary Agenda is defined

First week of  April 2016

Invitation to speakers

Keynote speakers confirmed

Last week of  June 2016

Invitation to GOS  members to Participate

APEC GOS members nominated per Economy Confirmed

Last week of  June 2016

Review of the agenda by the Advisory Committee and, once approved, it will be circulated among economies for their inputs

Approval of tentative Agenda

Last week of  June 2016

Administrative Circular will be sent to all participants with all details of the Conference

Participants received the Administrative Circular

Second week of  July 2016

Workshop will be announced on the APEC webpage and confirmation of the event

Registration of Participants

End of July 2016

Workshop is developed in Lima-Peru

The workshop was successfully hosted

At SOM III margins

A report with outputs of the workshop will be disseminating among APEC members, participants of the workshop and APEC Secretariat.

Approved Report

Last week November 2016

Risks

Risk 1: Ensure the participation of keynote speakers.

Risk management: A letter of invitation will be circulated in advance. Early identification of potential speakers should ensure quality presentations for this event (Speakers must be negotiators from economies experienced in negative list approach). It will be important also to confirm alternate speakers.

Risk 2: Lack of attendance due to the distance between Lima and some APEC Economies.

Risk management: This workshop will be held on the SOM III margins in 2016 to facilitate APEC member economies´ attendance.

Risk 3: May be a challenge to ensure that participants will be able to comprehend within the limited amount of time.

Risk Management: The project team will take all the necessary measures to ensure the design of an accurate workshop agenda. Evaluation forms would also be used to assess what participants have learnt after each session.

Monitoring and Evaluation

The preliminary agenda of the workshop will be circulated in advance to receive comments and suggestions from Economies. The main indicators of the success of the project are:

§  The number of APEC Economies engaged with the Project.

15

§  The number of participants that will attend the workshop.

30

·      The number of female participants in this project is one of the most important indicators to assess the impacts on women. This workshop will contribute to increase the capabilities of negotiators with no discrimination between genders.

40% at at least

After the workshop, a survey will be distributed to government officials to obtain feedback. This will be very important for possible future events on similar issues. This will help to identify the main needs of the public officials in charge of or directly involved in FTA negotiations.

Linkages

This project builds on work undertaken to enhance the knowledge and experience of APEC Economies in negotiations. In that sense, it continues with the efforts made in previous projects, like “Trade in Services in the WTO”; “Transparency for Mode 4” and “Scheduling of commitments under the GATS and Scheduling of Services and Investment Commitments in FTAs”.

This project does not duplicate but complements previous workshops because it addresses the negotiation of specific services chapters, which implies a deeper analysis of key provisions and the relation between those chapters. In that sense, this project will fully build on and avoid duplication with existing projects. Speakers will be invited from both developed and developing economies

APEC’s comparative advantage

APEC is the best source of funding for this project because APEC is implementing the APEC REI CBNI Framework, the goal of which is to prepare APEC economies to negotiate high-quality trade agreements including a Free Trade Area of the Asia-Pacific. The results of the Capacity Building Workshop will contribute to the ultimate deliverables of this Framework.

Sustainability

The experiences shared in the workshop will be very important to enhance knowledge and capabilities of services negotiators. The workshop will also foster the services negotiators capabilities in negotiations under a negative list approach.

After the workshop, we will make a report with conclusions of the workshop and send this information to each delegate from APEC Economies.

This project is one of the series of capacity-building activities supported under the CBNI approach, with view to building and enhancing capacities of developing economies in the APEC region, to enhance their FTA negotiation skills. Services are one of the main interests of the 2nd CBNI Action Plan Framework. In that sense, since a number of FTA, concluded or under negotiations in the APEC region, includes a Chapter on Services, this proposal, will contribute with CBNI objectives.

After the Capacity Building Workshop takes place, the Project Organizers will work with the speakers to outline the Project’s outputs, identifying which are the weakness and the strengths of officials when negotiating with this new approach. 

On the other hand, Peru will work with Korea and China, the leading economies in the REI CBNI Action Plan Framework and Services within the CBNI, respectively, to incorporate the Project’s outputs and some recommendations into the Report of the REI CBNI Action Plan Framework.

In case that some participant may not be able to comprehend some issues analysed during the workshop, he/she would be able to raise detailed questions not only during the workshop but also two days after the end of it, he/she will receive detailed answers prepared by the speakers. The questions can be sent electronically to an email address that will be given to participants at the beginning of the Workshop.

Project Overseers

Ms. Karina Tejada

Services Negotiator. With Studies in International Economic Law. Currently negotiating the Trade in Services Agreement (TISA) and Peru’s FTA with Turkey. Also negotiating Ecommerce and Telecommunications in the Pacific Alliance.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Short-term clerical fees: to handle all logistics and most of administrative arrangements for the organization of the Workshop (5 persons).

Waivers

An advance payment (travel expenses for participants) will be necessary to ensure participation in the project.

Are there any supporting document attached?

No 
Attachments
Version: 6.0 
Created at 15/07/2015 17:15  by Lucy Phua 
Last modified at 26/05/2017 12:07  by Lucy Phua 
Version HistoryVersion History

Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
Attachments
Content Type: Standard Proposal
Version:
Created at by
Last modified at by
Go Search